Adams v. New York Central Railroad Co.
Court of Common Pleas of Cuyahoga County, Cleveland, Ohio
Docket No. 724,072 (1961)
- Written by Sean Carroll, JD
Facts
Theodore Adams (plaintiff) sued New York Central Railroad Co. (railroad) (defendant) for personal injuries. The Railroad sought to prove that Adams’s injuries were sustained prior to the alleged incident in question. To prove this, the railroad sought to introduce into evidence a memorandum prepared by an employee of Adams’s insurance company. The memorandum described the employee's interview with Adams, during which Adams had mentioned his previous injury but did not refer to the injury complained of at trial. At trial, the insurance-company employee had no recollection of what he discussed with Adams during the interview even after looking at his memorandum. However, the employee testified that he prepared the memorandum at the time of his interview with Adams or shortly after the interview, that he had a clear recollection of the interview at the time he prepared the memorandum, and that he accurately recorded his conversation with Adams in the memorandum. Adams objected to the introduction of the memorandum.
Rule of Law
Issue
Holding and Reasoning (White, J.)
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